Basic facts of the case
Mr. Lin, who lives in Wenzhou, Zhejiang, spent nearly 10,000 yuan online to buy good cats for breeding, but he was "tricked" by the seller step by step, and the pet cats he received "saw not what he received". Recently, the Lucheng District People's Court of Wenzhou City, Zhejiang Province pronounced a judgment on this case in accordance with the law, supporting Mr. Lin's claim that the seller should "refund one and compensate three".
Mr. Lin has four kittens at home, and in order to breed the cats, he posted the information on the purchase of "long-haired gold gradient 12-color male cats" on a second-hand online trading platform on August 21, 2021. Zhang, who is located in Fujian, contacted Mr. Lin after seeing the news and said that he had a pet cat in need. After Mr. Lin repeatedly emphasized the breed of cat he was purchasing, Zhang sent him the relevant ** of the pet cat that Mr. Lin purchased for confirmation. Mr. Lin then paid 500 yuan to Zhang's WeChat as a deposit.
On August 24 of the same year, the two parties reached the final electronic "cat purchase agreement" through WeChat chat, which stipulated: Mr. Lin purchased a male cat, and the color number of the cat was a standard NY12 color long-haired gold gradient, ** was 9,500 yuan, and the cost included vaccines, in vitro and in vitro deworming, and transportation costs. The seller, Zhang, promised to use air consignment and deliver the goods within three days, and if any appearance or disease is found, the buyer can return it unconditionally and refund the corresponding fee.
However, after receiving the pet cat, Mr. Lin found that the cat he received was like a "stray cat", and the market price may only be worth 100 yuan, which is inconsistent with the cat promised by the seller Zhang and confirmed by the auction. Mr. Lin took a photo of the pet cat he received and sent it to Zhang, asking for a refund. Later, due to the disagreement between the two parties on matters such as returning and replacing the cat and refunding the purchase price, Mr. Lin sued Zhang to the Lucheng District People's Court, claiming to terminate the contract, "refund one and compensate three", and compensate for transportation costs and foster care expenses totaling more than 40,000 yuan.
Adjudication Results
The court held that Zhang's behavior constituted fraud and should be "refunded one and compensated three". At the same time, Mr. Lin should return the pet cat he received to Zhang. The resulting freight and foster care costs for the return of pet cats were caused by Zhang's breach of contract, which were necessary expenses that objectively needed to be paid, and the two expenses were determined to be a total of 3,500 yuan. Accordingly, the court decided to revoke the electronic agreement entered into by the parties, and Zhang paid Mr. Lin a total of more than 40,000 yuan.
Legal Guidelines
Article 55 of the People's Republic of China Consumer Rights and Interests Protection** stipulates that "if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer in accordance with the consumer's request, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service", which is a punitive damages standard established by law to protect the rights and interests of consumers.
Typical significance
The judge said after the court that Zhang promised many times in WeChat and the cat purchase agreement that the pet cat purchased by Mr. Lin was consistent with the ** he sent, but the pet cat finally delivered to Mr. Lin was significantly different from the ** he provided, and it was obviously not the same pet cat as agreed by the two parties.
Based on the conclusion of the contract between the two parties, the delivery method, the delivery time, and the failure of Zhang to provide original evidence after the goods were not matched, the delivery of the pet cat to Mr. Lin was obviously contrary to the agreement, and his behavior was obviously contrary to good faith and constituted fraud. Mr. Lin's claim to revoke the cat purchase agreement signed between him and Zhang and to refund the cat purchase price of RMB 9,500 and compensate him according to three times the purchase price of the cat was based on the law, so the above judgment was rendered.
Mr. Lin from Wenzhou, Zhejiang Province, was defrauded when shopping for a pet cat online and received a pet cat that did not match the agreement. Through legal channels, Mr. Lin finally obtained the seller's "one refund and three compensation" compensation. This case illustrates the standard of punitive damages for fraud in the Consumer Rights Protection**.
In Mr. Lin's case, if he used the **Qihang AI smart legal system, he could quickly gain legal knowledge about consumer rights protection, understand his rights and the legal actions he should take. The system's artificial intelligence legal consultation function can provide him with professional legal advice and help him formulate appropriate legal strategies, so as to protect his legitimate rights and interests more effectively.
hongfaqihang
Professional, intelligent and efficient
**Set Sail - AI digital legal system around you
*Set sail for the first time in the country for the AI digital legal system! As a comprehensive legal service platform, **Qihang integrates legal news, policy trends, legal knowledge, and artificial intelligence legal consultation. Provide users with accurate and comprehensive legal information and professional, intelligent, efficient and personalized solutions to legal problems in a timely manner。Make it easy for you to learn the Fa and understand how to use it! There is also the authoritative guidance of legal experts and professors! Escort your life with LegalTech!